LABELLE “DRESS LIKE LABELLE” MAKE YOUR
VIDEO CONTEST
OFFICIAL RULES
The
LABELLE “DRESS LIKE LABELLE” MAKE YOUR OWN VIDEO CONTEST (“Contest”)
starts at 12:00 am Pacific Daylight Time (“PDT”)
on November 6, 2008 and ends at 11:59 pm PDT on December 13, 2008 (“Entry
Period”). The sponsor of this
Contest is Verve Music Group, a division of UMG Recordings, Inc. 1755 Broadway,
ELIGIBILITY: This Contest is only open to legal
residents of the 50
HOW TO ENTER: NO PURCHASE IS NECESSARY TO ENTER OR WIN
THIS CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF
WINNING. You can enter by
submitting your entry online or you can enter by submitting your entry via
postal mail. Both entry methods are listed below.
Online entry: Visit http://www.youtube.com/group/labelle (the
“Website”, “Contest Website”), log on and register (if
you are not already registered, you will need to create a user name and
password), follow the instructions to enter the Contest and complete the online
entry in its entirety. Each online
entrant must have a valid e-mail address.
Each online entrant must complete the Contest entry form, including
joining the Labelle Contest YouTube Group, online in
accordance with the on-screen instructions. Then, according to the on-screen
instructions, upload your audiovisual materials (“Submission
Materials”).
Online entrants must upload Submission Materials in accordance with the
instructions on the Website. To be eligible, the file containing Submission
Materials: (i) must include the Labelle song “Roll
Out” (you may use either the actual Labelle recording or you may sing or
perform your own version of the song); (ii) must be submitted as either a .MOV,
.AVI or .MPG file; and (iii) should be no longer than five (5) minutes in
length and must otherwise adhere to YouTube’s file size and length
limitations, file type and other technical requirements. For high quality on YouTube, it is
recommended that you submit in MPEG4 (Divx, Xvid) format at 320x240 resolution with MP3 audio, at 30
frames per second. Resizing your video to these specifications before uploading
will help your clips look better on YouTube. Submissions not
meeting these requirements may be disqualified or not fully considered, as
within the sole discretion of Verve Music Group. All online entries must be
completed and submitted by 11:59 pm on December 13, 2008.
Prior to submitting your entry Submission Materials, you will be required to affirmatively
indicate your acknowledgement and acceptance of these Official Rules, as well
as the terms and conditions of Sponsor’s Submission Agreement (the
“Submission Agreement” located at http://www.labelleisback.com/dresslikelabelle/rules.html which is hereby incorporated by reference) by clicking on the
appropriate buttons located on the
entry page of the Website. Once you have
uploaded your Submission Materials and filled out the entry form information
including your name, complete address, daytime telephone number and age, then
you will be required to click on the submit button, at that point, you will be
entered into the Contest. ALL
ENTRIES MUST BE RECEIVED BY 11:59 PM PDT ON December 13, 2008.
The
Promotion Parties and their respective officers, directors, shareholders,
employees and agents, and any and all Internet servers and access provider(s)
(collectively, the “Releasees”) are not
responsible for: any incorrect or inaccurate entry information; human error;
technical malfunctions; failures, omission, interruption, deletion, or defect
of any telephone network, computer online or e-mail systems, computer
equipment, servers, providers, or software, including any injury or damage to
participant's or any other person's computer relating to or resulting from
participation or inability to participate in this Contest; inability to access
the Website or any pages thereof; inability to download any material from the
Website; inability to upload entry information; theft, tampering, destruction,
or unauthorized access to, or alteration of entries; data processing that is
processed late or incorrectly or is incomplete or lost due to telephone,
computer or electronic malfunction or traffic congestion on telephone lines or
the Internet or any website; or for any other errors or problems of any kind
relating to or in connection with the Contest, whether computer, network,
technical, printing, typographical, human or otherwise or any combination
thereof, including, without limitation, any errors or problems which may occur
in connection with the administration of the Contest, the processing or judging
of entries, the announcement of the prizes or in any Contest-related
materials. Proof of submitting an
entry is not considered proof of delivery or receipt. Illegible, incomplete and entries that
do not meet all of the stated requirements for entry in the Contest will be
disqualified. All entries become
the property of the Sponsor and will not be returned. False and/or deceptive entries or acts
shall render entrants ineligible. Material(s) provided by Sponsor at Website
are only to be used solely for the purposes of this Contest and cannot be used
for any other purpose or use. By
entering the Contest, entrants affirm that they have read and accepted these
Official Rules.
Alternative Mail-In Entry: During the Contest Period, send (i) a 3" x 5" card with your full name, complete address, and daytime and evening phone numbers, and (ii) one (1) DVD (no longer than five minutes in length) containing Submission Materials by mail in an envelope to the following address: Verve Music Group, 1755 Broadway, New York, NY 10019 Attn: (“LABELLE “DRESS LIKE LABELLE” MAKE YOUR OWN VIDEO CONTEST”). Mail-in entries must be postmarked by November 6, 2008 and received by December 17, 2008.
Assignment
and Release: By entering this Contest, each entrant agrees to
assign to Verve Music Group all right, title and interest to their Submission
Materials, including, without limitation, all intellectual property and other
proprietary rights without expectation of compensation or acknowledgment (other
than the prizes awarded as set forth in these Official Rules should entrant be
a verified winner). Additionally, to the extent any such assignment is
ineffective, Verve Music Group shall have the perpetual, irrevocable, fully
transferable right to use the Submission Materials for advertising, trade and
promotional purposes in any media or manner worldwide, and may post Submission
Materials for viewing by the public. Each entrant releases the Contestal Entities, and their respective agents, assigns,
licensees, and legal representatives from any and all claims, demands, or
causes of action including, but not limited to, defamation and violation of any
rights of publicity or privacy in the use by Verve Music Group of any photo,
and entrant’s name and physical likeness as provided herein, except where
prohibited by law. Verve Music Group reserves the right to modify or edit
Submission Materials, in whole or in part, for content, clarity or any other
reason, and entrant waives any and all “moral rights” in and to
their Submission Material. Verve Music Group further reserves the right to
decline to release or use Submission Materials for any reason, in its sole
discretion. Entrants (including Grand Prize winner) agree that there is no
guarantee that Verve Music Group will make use of any rights granted to Verve
Music Group regarding Submission Materials.
WINNER SELECTION: Judging will be done in the below stated
fashion. At the conclusion of all judging, one (1) Grand Prize winner will be
determined.
All eligible entries received will be judged according to
the following criteria with equal weight assigned to each criteria:
1)
Creativity
2)
Originality
3)
Video production value
All judging will be conducted by a panel of judges selected
by Sponsor, which panel may include member(s) of the band LABELLE. Judging is scheduled to be completed on
or about January 15, 2009. The one (1) entry scoring the highest in the judging
shall be declared the Grand Prize Winner of the Contest. The Grand Prize Winner
is sometimes individually referred to herein as (“Contest
winner”). In the case of a
tie, the Contest winner will be determined from such tied entries on the basis
of the entry’s rank in the first criterion, continuing in descending
order thereafter to the second and third criteria, as needed to break the tie.
Sponsor reserves the right to choose fewer than the stated number of contest
winners if, in its sole discretion, it does not receive a sufficient number of
eligible and qualified entries.
Sponsor in its sole discretion shall determine if any entry
is inappropriate for any reason for public release including but not limited to
publication on Sponsor’s Website.
Sponsor shall have the right to disqualify any entries that it deems to
not meet the criteria, or due to technical, legal, clearance or other problems,
or which it deems to be obscene or otherwise not in good taste, as determined
by Sponsor in its sole discretion. Entries may not defame or invade the
publicity or privacy rights of any person, living or deceased, or otherwise
infringe upon any person’s personal or proprietary rights. Sponsor and Judges’ decisions are
final and binding with respect to all matters relating to this Contest.
All Contest winners will be notified within ten (10) days of
the completion of the judging.
Contest winners shall upon request be required to execute and return
Contest winner documents to be determined by Sponsor in its sole discretion,
including without limitation, an Affidavit of Eligibility/Release of
Liability/Submission Release/Transfer of All Rights and Waiver Agreement form,
a completed IRS W-9 form, and (except where prohibited) a Publicity Release
form within ten (10) days of date of issuance of notification (the
“Deadline”).
Furthermore, all individuals appearing in such Contest winner’s
Submission Materials (including Contest winner if applicable) may be required
to execute and return consent forms and/or releases prior to the Deadline.
Failure to return all required documents within the Deadline
or comply with these Official Rules may result in the forfeiture of place as a
Contest winner and, at Sponsor’s discretion, a runner-up may be selected. Any notification returned to Sponsor or
its fulfillment company as undeliverable for any reason will be forfeited and,
at Sponsor’s discretion, a runner-up may be notified. If a runner-up selection is necessary
for any reason, in any judging round, the entry with the next highest total
score shall be declared the Grand Prize.
Acceptance of a prize
constitutes permission (except where prohibited by law) for Sponsor and its
designee(s) to use the Contest winner’s name, address, likeness, voice,
statements and entries (and any version thereof) for advertising, promotion and
publicity purposes worldwide, in any medium now known or hereafter created,
without additional compensation or limitation.
PRIZES:
Grand Prize (1 will
be awarded):
A
trip to see Labelle Live in Concert.
Prize package
includes:
1. Round-trip
airfare for winner and guest from airport nearest winner’s hometown.
2. Two
night hotel stay.
3. Tickets
to a 2009 Labelle Show (venue, city and dates to be chosen by Verve Music Group)
The approximate retail value (“ARV”) of the Grand Prize is $4,500.
The total ARV of
all prizes to be awarded in the Contest is $4,500. Prizes are not transferable
or redeemable for cash. No
substitution of prize permitted, except due to unavailability, in which event a
prize of comparable value will be substituted at the sole discretion of
Sponsors. All Federal, state, local
or other taxes, are the sole responsibility of winners.
Winner must be 18
years of age or travel with a legal parent or guardian. Written permission will be required from
parent/guardian for winner to travel if under the age of 18.
Winner must be
available to travel on the specified dates or be subject to forfeiting the
prize.
Verve Music Group
is not responsible for additional fees including in-room hotel phone calls,
meals, taxis and other intangible fees while winner is in destination city.
ADDITIONAL
LIMITATIONS:
All prizes are non-transferable except by Verve Music Group. Prizes cannot be
used in conjunction with any other promotion or offer. No substitution or cash
equivalent of a prize is permitted; however, Verve Music Group reserves the
right to substitute any prize with another of equal or greater value. The
Contest Entities are not responsible for any typographical or other errors in
the offer or administration of the Contest, including, but not limited to,
errors in the printing or posting of the offer or Official Rules, the selection
and announcement of any winner, or the distribution of any prize. Any attempt
to damage the operation of the Contest is unlawful and subject to legal action
by Verve Music Group or its agents. Verve Music Group reserves the right to
terminate, withdraw or amend the Contest or disqualify any entry for any reason
and without notice including, without limitation, if Verve Music Group suspects
tampering has occurred or an aspect of unfairness exists in the Contest. Verve Music
Group reserves the right to select winners from eligible entries received as of
the termination date. Contest Entities will not replace any lost or stolen
prize items. The Contest Entities and any telephone network or service
providers are not responsible for incorrect or inaccurate transcription of
entry information, or for any human error, technical malfunction, lost or
delayed data transmission, omission, interruption, deletion, line failure or
malfunction of any telephone network, computer equipment or software, the
inability to access any Website or online service or any other error, human or
otherwise.
INDEMNIFICATION AND LIMITATION OF LIABILITY:
BY PARTICIPATING OR ACCEPTING A PRIZE, ENTRANTS AND WINNERS AGREE TO INDEMNIFY,
RELEASE AND HOLD HARMLESS THE CONTEST ENTITIES AND ALL THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY AND ALL
LIABILITY, FOR LOSS, HARM, DAMAGE, INJURY, COST OR EXPENSE WHATSOEVER INCLUDING
WITHOUT LIMITATION, PROPERTY DAMAGE, PERSONAL INJURY AND/OR DEATH WHICH MAY
OCCUR IN CONNECTION WITH, PREPARATION FOR, TRAVEL TO, OR PARTICIPATION IN THE
CONTEST, OR POSSESSION, ACCEPTANCE AND/OR USE OR MISUSE OF ANY PRIZE OR
PARTICIPATION IN ANY CONTEST-RELATED ACTIVITY AND FOR ANY CLAIMS BASED ON
COPYRIGHT INFRINGEMENT, PUBLICITY/PRIVACY RIGHTS, DEFAMATION OR INVASION OF
PRIVACY AND MERCHANDISE DELIVERY. THE CONTEST ENTITIES AND ALL THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY
LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE
DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE CONTEST.
PUBLICITY:
By submitting an entry form, each entrant grants Verve Music Group and those
acting under its authority permission to use the entrant’s name,
likeness, photo(s), entry specifics or comments for advertising and publicity
purposes without compensation, except where prohibited by law.
GOVERNING LAW:
All issues and questions concerning the construction, validity, interpretation
and enforceability of these Official Rules, or the rights and obligations of entrants
and the Contest Entities in connection with the Contest, shall be governed by,
and construed in accordance with, the laws of the
INTELLECTUAL PROPERTY:
The Contest and all related Web pages, content and code are copyrighted by Verve
Music Group, You Tube, Inc. or a third party. Copying or unauthorized use of
any copyrighted materials, trademarks, or any other intellectual property
without the express written consent of its owner is strictly prohibited.
WHO WON:
The names of the winners shall be posted on the Contest Website after selection
of the winners for a period of approximately one (1) month. A list of the names
of the winners may also be obtained by mailing a request, along with a
self-addressed stamped envelope, to Verve Music Group “LABELLE” “DRESS
LIKE LABELLE” MAKE YOUR OWN VIDEO CONTEST” Winners, 1755 Broadway,
New York, NY 10019within thirty (30) days of the end of the Contest Period.
GENERAL: Online entries must be
received by Verve Music Group by 11:59 pm on November 6, 2008 to be eligible, and mail-in entries must be postmarked by December
13, 2008 and received by December 17, 2008 to be eligible. LIMIT ONE (1) ENTRY
PER PERSON (regardless of method of entry). No entrant is eligible to
win more than one prize. No faxed or e-mailed entries will be accepted. Receipt
of entries will not be acknowledged, and proof of submission of an entry will
not be deemed proof of receipt. Verve Music Group has no obligation to advise
an entrant of an incomplete or otherwise non-compliant entry. Verve Music Group
is not responsible for lost, late, invalid, unintelligible, incomplete,
mutilated, garbled, postage-due or misdirected entries, which will be
disqualified. Verve Music Group reserves the right, but has no obligation, to
review all Submission Materials for infringing, obscene, harmful or otherwise
inappropriate material, as determined by Verve Music Group in its sole
discretion. Verve Music Group may disqualify any entry and associated
Submission
Materials in Verve Music Group’s
sole discretion.
For the purposes of this Contest and these Official Rules,
“receipt” of an online entry occurs when You Tube’s servers
record the entry information upon clicking the “enter” or
“submit” button at the bottom of the entry form. Any automated
computer receipt (such as a “thanks for entering
message”) does not constitute proof of actual receipt of an online
entry by Verve Music Group. In the event of a dispute as to any online entry,
the authorized account holder of the e-mail address used to register with the
Contest Website will be deemed to be the online entrant. The “authorized
account holder” is the natural person assigned an e-mail address by an
Internet access provider, online service provider or other organization
responsible for assigning e-mail addresses for the domain associated with the
submitted address. Potential winners may be required to show proof of being
the authorized account holder.
Submission Materials: By entering this Contest, each entrant consents to the
posting by Verve Music Group of his or her Submission Materials on the Contest
Website and agrees and acknowledges that Submission Materials will be viewed by
other Contest Website users. Once an eligible online entrant uploads his or her
Submission Materials, Verve Music Group will review Submission Materials for
compliance with these Official Rules and, if eligible and within Verve Music
Group sole discretion, post Submission Materials for viewing on the Contest
Website. Verve Music Group may refuse to make any Submission Materials available
on the Contest Website for any reason as determined by Verve Music Group in its
sole discretion. Once Submission Materials are made available for viewing via
the Contest Website, Verve Music Group reserves the right to remove Submission
Materials from the website and disqualify it from the Contest for any reason.
Entrant agrees that Verve Music Group is not responsible for any Submission
Materials being copied from the Contest Website or otherwise appropriated by
third parties.
All entrants represent and warrant that any material that he
or she submits is entrant’s original creation (except for material(s)
owned by Sponsor and/or Labelle embodied in the Submission Materials), has not
been previously published or won an award, does not infringe upon the
copyright, publicity, or any other right or interest of any other person or
organization, and that the entrant has not previously granted any rights to
such material to any other person or organization, nor does any third party
have any interest in such materials.
Sponsor reserves the right to conduct background checks on any Contest
winner and to verify the accuracy or legitimacy for truthfulness of any
information contained within the submitted entry. By entering this Contest, entrants (i) grant Sponsor a worldwide, perpetual license to use
and/or exploit the Submissions Materials as set forth herein and pursuant to
the terms of the Submission Agreement, (ii) waive all rights of droit moral and other rights of authorship in and to the
material submitted, and (iii) grant Assignees (as defined below) the absolute
and exclusive right and permission to edit, modify, publish, exploit and use
the content of and elements embodied in the entry and the entry itself
worldwide in perpetuity in any and all media (whether now existing or hereafter
devised) and in any manner, for trade, advertising, promotional or any other
purposes without further approval, permission or consideration. Entrants also agree that Sponsor, its
affiliated and subsidiary companies, licensees, designees, successors and
assigns (collectively, “Assignees”) shall have the right and
permission to use the name, city and state of residence, signature, voice,
picture or other likeness, entry, entry information and/or entry submission of
entrant in any manner or media now or hereafter known (including, without
limitation, placing entrant’s name, signature, entry, and/or entry
information onto the Sponsor’s or ARTIST’S websites or other
site(s) promoting this Contest) without further consideration or notification
to or permission from entrant or any third party, except where prohibited by
law.
Releasees
shall not be liable for personal injuries, death, damages, expenses or costs or
losses of any kind resulting from participation or inability to participate in
this Contest or acceptance of or use or inability to use the prize or parts
thereof including, without limitation, claims, suits, injuries, losses and
damages related to personal injuries, death, damage to or destruction of property,
rights of publicity or privacy, defamation or portrayal in a false light
(whether intentional or unintentional), whether under a theory of contract,
tort (including negligence), warranty or other theory.
If a prize (or portion thereof) cannot be awarded due to
circumstances beyond the control of the Sponsor, a substitute prize of
comparable or greater retail value will be awarded at the discretion of the
Sponsor. Releasees shall not be liable to Contest
winners or any other person for failure to supply the prize or any part
thereof, by reason of any acts of God, any action(s), regulation(s), order(s)
or request(s) by any governmental or quasi-governmental entity (whether or not
the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid),
equipment failure, terrorist acts, earthquake, war, fire, flood, explosion,
unusually severe weather, hurricane, embargo, labor dispute or strike (whether
legal or illegal) labor or material shortage, transportation interruption of
any kind, work slow-down, civil disturbance, insurrection, riot, or any other
cause beyond Releasees’ sole control.
If
for any reason this Contest is not capable of running as planned or does not
allow the proper playing of the Contest and processing of entries per these
rules, or if tampering, unauthorized intervention, actions by entrants, fraud,
technical failures, or any other causes, in Sponsor’s sole opinion,
corrupt or affect the administration, security, fairness, integrity, or proper
conduct of this Contest, Sponsor reserves the right, in its sole discretion, to
disqualify any individual (and void his/her entry) implicated in such action,
and/or to modify or terminate the Contest or further entry in this Contest, as
Sponsor deems appropriate. If
modification or termination of this Contest occurs, notification will be posted
on the Website and Sponsor may, at its discretion, select potential Contest
winners from among all eligible, non-suspect entries received up to time of
action. In the event of a dispute
as to entries submitted by multiple users having the same e-mail account, the
authorized subscriber of the e-mail account used to enter the Contest at the
actual time of registration will be deemed to be the participant and must
comply with these rules. Authorized
account subscriber is deemed to be the natural person who is assigned an e-mail
address by an Internet access provider, on-line service provider or other
organization, which is responsible for assigning e-mail addresses for the
domain associated with the submitted e-mail address. A potential winner may be requested to
provide Sponsor with proof that he/she is the authorized account holder of the
e-mail address associated with the winning entry and that all eligibility
requirements are met. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO
DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION
OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR
RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO
THE FULLEST EXTENT PERMITTED BY LAW.
Entrant
waives any right with respect to injunctive or other equitable relief in
connection with this Contest.
For
an Official Winner’s List, (available after January 15, 2009), a copy of
these Official Rules, or the Submission Agreement, send a self-addressed,
stamped envelope to: Labelle “Dress Like Labelle” MAKE YOUR OWN
VIDEO CONTEST - WINNER’S LIST - OR - OFFICIAL RULES –OR- SUBMISSION
AGREEMENT (PLEASE SPECIFY WHICH), Verve Music Group – New Media Department, 1755
Broadway, New York, NY 10019.
Requests received after February 15, 2008will not be honored. VT residents may omit return postage for
Official Rules request. Official Rules and the Submission Agreement are also
available during the Entry Period at the Website.
(©) 2008 Verve Music Group, a division of UMG
Recordings, Inc. All
Rights Reserved.